United States v. Sutton

I dissent.

I have absolutely no doubt in my mind that accused persons in the military service of the Nation are entitled to the rights and privileges secured to all under the Constitution of the United States, unless excluded directly or by necessary implication, by the provisions of the Constitution itself. Burns v. Lovett, 202 F2d 335 (CA DC Cir) (1952), affd sub nom Burns v. Wilson, 346 US 137 (1953). On that basis, I cannot agree with the majority opinion which lightly deprives the accused in this ease of a basic constitutional privilege.

The Fifth and Sixth Amendments to the Constitution…